HomeMy WebLinkAbout30639 / 80-02April 3, 1980
!i 2 ORpINANCE
PLRtPOSE: ORDINANCE RECBEATING ARTICLE IV, CHAPTER 15 OF THE OSHKOSH
MUNICIPAL CODE PERTAINING TO EXCESSIVE NOISB
InITIATED BY: COUNCIL MEMBEft PROPP
A GF.NERAI, ORDINANCE OF THE CITY OF OSHKOSH RECREATING ARTICLE IV A.*ID CKEATING
AIiTICI,L' V, C&�P'rER 15 OF TE[E OSHKOSH MiINICIPAL CODE PERTAINING TO E.XCESSLVE
NOISE.
The Commoa Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Article IV, Chapter 15 of the Oshkosh ?Sunicipal Code is
hereby recreated and furthermore shall be known as Article V, Chapter 15.
SEr.pIO*1 2. That Article IV, Chapter 15 of the Oshkosh Idunic3pal Code is
hereby ::reated to read as follows:
15.4 E%C�;SSIVE NOISE
(1) ScoPe and F,nforcement.
(a) This section shsll apply to the control of all noise origiaating within the
limits of the City, It is the policy of the City of Oshkos!i to comply with
the noise limitations, as set forth in this sectton, in all of its own
operations and the operations of its contractors and �ubcontractors.
(b) It shall be the duty oE the health officer or his designated agent, to
administer and enforce the provisions of this section.
(2} Defin-itions.
As used i.n tii�s secttaz:
(a) "t�bient noise" means the all encompassing background noise associated with
a given environment, being usually a composite of sounds from many soarceR
near an3 f.ar.
(b) "e� weighted sound level" meaas the sound pressure level in decibles as
measured on a sound level meter using the A-welghting networ'K. The level
so r.ead is desionate3 db (A) or dBA.
(c) "Com:nercial district" means any area of the city designate3 on the official
Oshkush Zoning Pfap, pursuant to Chapter 30 of this Code, as a 13asiness
District or Commercial District or as classified as C-1, G2, C-3, or C-4.
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(d) "Day" means the hours between 7:00 a.m. and 10:00 p.m.
(eJ "Decibel (dB)" means a standard unit of sound-pressure level, having a zero
reference of 0.0002 microbars.
.(f) "Impulsive sound" means a sound of short duiation,�usually less than one
second, with an abrupt onset and rapid decay. Interoals between impacts
must be longer than 0.5 seconds.
(g) "Industrial district" means any area of the City designated on the official
Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, as a Light Indus-
trial Industrial, or Heavy Industrial District, or classified as M-1, Pf-2,
or ;3-3.
(;i) "Night" means the hours between 10:00 p.m, and 7:0� a.m.
(i) "Person" means any individual, fizm or corporation.
(j) "Pure tone" means a sottnd having a sinvie pi*_ch. Fcr tlte pur�,ose of this
section, a pure tone shall exist if the one-third octave band sound pres-
sure level in the band with the tone exceeds the arithmetic average of the
sound pressure 1evels of the two contiguous one-third octave bands by 15 dB
hands with center frequencies less than 160 Hz; by 8 dB for bands with
center frequencies of 160 Hz to 400 Hz; and by 5 dS for bands with center
frequencies greater than 400 Hz.
(k) "Real property boundary" means aa imaginary line along the gzound surface,
and its veetical extension, which separates the real property owned by one
person from that owned by another person, but not including intra-building
real properYy division.
(1) "Residential district" means any area of the City designated on the official
Oshkosh Zoning map, pursuant to Chapter 30 of this Code, as Single-Family,
TY�+o-Family, or Multiple Dwelling Districts, or R-lA, R-1S, R-2, R-3, R-4,
or R-5.
(m) "Sound level° means the weighted sound pressure level obtained by the use
of a sound level meter and frequency weighting network, such as A, B, or C,
as specified in American National Standards Institute specifications for
sound level meters (ANSI S 1.4 - 1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the A-
weighLing sha11 apply,
(n) "5ound pressure" means the instantaneous difference between the actual
pressure and the average or barometzic pressure at a given point in space,
as produced by sound ener�,y.
(o) "Total octave band sound pressure level" means the sound pressure level o£
the source of concern plus the ambient sound pressure Leve1.
(3) Noise Limitations.
(a) Noise Limitations in Various Use Districts.
�
Octave Band Center
Frequency (Ilertz)
31.5
63
125
250
500
1000
2000
4000
8000
A-scale levels
Maximum Sound Pressure Levels
(dB) Along District Boundaries
Residential
72
71
65
57
51
45
39
34
32
55 dBA
Commercial
79
78
72
64
58
52
G6
41
39
62 dBA
In industrial districts, at no point �ahere any such district boundary
a�joina a reyi3entia_1 or commercial distric[, or aL 125 ft. fron tn2 rearest
lot line of a plant or operation located within an industrial district,
whichever distance is greater, shall the sound pressure 1eve1 emitted from
any such plant or operation, or the combined operations of any person,
firm, or corporation, exceed the noise limitations (decibeL 1evels) in the
designated octave bands set forth above for the various use districts.
Zn commercial and residential districts, any property use shall conform
with the per£ormance standards stated above, provided that performance
standards shall in every case be applied at or beyond the boundaxies of the
lot on which such use is established.
When an octave band analysis is not done, an A-weighted sound level measure-
ment of the noise shall be taken. When this me.thod is used, the noise
limitations shall be the A-scale levels included in the table.
Noise limitations shall he decreased by five dB if the subject noise
consists primarily of a pure tone or if it is impulsive in character.
When the total octave band sound pressure level exceeds the noise source
limitations because of high ambient sound levels, the following correction
factors snall 6e subtracted from the total sound pressure level to determine
compliance with this section:
When the ambient level differs from
the noise source limitation by:
-10 dB or more
-4 to -9 dB
-2 to -3 ds
0 to -1 dB
+1 dB
The correction factor
to be subtracted is:
0
1
2
3
4
When the ambient level is 2 dB or more above a noise limitation, a source
may add no more than 2 dR to the ambient level. .
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(4) Noise Measurement Methods.
Noise measurements shall be made in compliance with generally accepted
practices and procedures, The health officer shall prepare and make
available upon request, a"Code of Recommended Prac[ices° for the measure-
ment of noise,
(5) Public Nuisance.
Eaccessive noise as defined in this section, is hereby deemed and declared
to be a public nuisance and may be subject to summary abatement procedures,
as provided in Chapter 15 of this Code. 5uch abatement shall bs in addi-
tion to administrative proceedin�s, forfeitures, and penalties provided in
this section.
(6) Prohibited Acts.
(a) Noise. No person shall make, pzoduce, allow or cause to be produced any
noise which exceeds the noise limitations as set forth in this section.
(7) Noise ExemQtions.
The noise limitations as set forth in sub-section (3)(a) shall not apply to the
following:
(a) Non-commercial public speaking and public assembly activities conducted on
any public property.
(b) Construction sites, public utilities, and public works projects and opera-
tions during any day, from �onday thru Saturday, inclusive; provided,
however, that the sound level at or across a real property boundary shalt
not exceed 86 dBA without prior written approval from the heaLth officer.
(c) Emergency shurt term operations which are necessary to protect the public
health, safety and welfare of the citizens, including emergency utility and
public works operations.
(d) Any noise emitted from emergency warning devices and unreuulated safety
relief valves.
(e) Loading or unloading operations or other handliag oi boxes, crate3� con-
tainers, building materials, garbage cans, ur sicnilar objects during any
day.
(f) Stationary bells, chimes, sirens, whistles or similar devices, inteaded
primarily foc emergency purposes, except industrial whistles; provided,
however, that no such device shall be sounded nore thaii five minutes in nny
hourly period, nor a total of 30 minutes in any twenty-four hour period.
Church be11s, chimes and carillons may be rung at any time.
(g) Domestic power
sander, lawn or
day.
tools, includin� any mechanically powered saw, drill,
garden tool, snowblower, ox similar device use3 during any
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(h) Industrial whistles, provided that tlie sounding of any such whistle is to
give notice of the time to begin or stop work or as a warning of fire,
danger, or upon request of proper city authorities.
(i) The sounding of any horn on a railroad train or locomotive on a main Line
railroad track, provided tnat any such sounding is required by state law or
reasonably iequired to avoid an impending accident.
(j) Parades duly licensed pursuant to section b.03 (5) of this code.
(k) Aircraft operations.
(1) Noise created by human behavior and generally considered to be disorderly
conduct which is regulated under Section 18-10 of this code.
(m) Barking dogs, including kennels, sha11 6e regulated under Section 6.15 of
the Oshkosh Municipal Code.
(n) Places of Public Entertainment.
No persoa shall operate, play or permit the operation or playin� of any radio,
television, phonograph, drum, musical instrument, sound amplifier, or similar
device or any combination thereof, which produces, reproduces, or amplifies
sound in any place of public entertainment at a sound level greater than 100 dBA
as read by the slow response on a sound level meter at any point that is nor-
mally occupied by a customer, unless a conspicuous and legible sign which is at
least 225 square inches in area is placed outside such place, near each public
entrance, stating: '�ARNING: SOUND LEVELS SdITAIN MAY CAUSE PE�9ANENT HEARZNG
IMPAI &'ytENT . "
(9) Motor Vehicles.
(a) It shall be unlawful for any person to cause noise levels from the opera-
tion of a light motor vehicle in excess of 30 dBA at any location within
the corporate limits of Oshkosh. Measurements may be made at any distance
greater than or equal ta 15 feet from the closest approach to the vehicle
at any suitable site in accordance wi.th Qrocedures outlined in the code of
recommended practices on file with the Cit}• Clerk.
1. Any motorcycle.
2. Any other motor vehicle, including
passenger automobiles, or any combina-
tion of vehicles towed bp such motor
vehicle.
_ 2�_
Maaimum Noise Limits at 15 Feet
(:5 rieters) Fror.t `1e.iicle in Use
Speed Limit
of 35 mph
or less
82 dBA
:1 .s
Speed Limit
of more
than 35 mph
�
83 dBA
(b) Piotor vehicles with a manufacturer's gross vehicle weight rating of more
than 10,000 pounds shall not exceed 85 dBA, measured at 25 feet, under
sta[ionary runup.
(10) Variance Pennits.
A variance permit for time to comply with the noise or vibration limitations as
set forth in this section may be requested for any commercial or industrial
source of noise or vibration in excess of any such limitations.
(a) Application. Application for a variance permit under this subsection by
the commercial or industrial activity concerned shall be made in writing to
the health officer on a form prescribed by him. Such application sha11
specify the grounds upon which the variance permit is sought and the date
by wl:ich the source of any excess noise or vibration for which the variance
is sought shall be brought into compliance with this section. An application
for a variance permi.t shall be considered timely made if filed within
thir.ty (30) days following due notificatiou to a com,nercial or industrial
activity that it is in violation of this section. The proper filing of an
application within such time sha11 to11 a11 penalties provi�ed in this
section for any such violation until a final decision has been issued on
the merits of such application. The health officer within ten (10) days of
the receipt of an application for a variance permit, shall give public
notice thereof.
(b) Permit. Within a reasonable time following receipt of an application for a
variance permit and after public notice thereof has been given, the health
officer shall grant such permit to an applicant if he shall find that
immediate compliance with the noise or vibration limitations as set forth
in this section would result in unnecessary hardship to the applicant. In
making his determination, the health officer shall balance the hardship to
the applicant, the comutunity, and other persons of not granting the variance,
against the adverse impact on health, safety, and welfare of persons
affected, the adverse effect on property affected, and any other adverse
impacts of granting the variance. Any person who claims to be adversely
affected by the allowance of the variance permit may file a statement with
the health officer containing information to support his claim. The health
officer may require the applicant to submit information not contained in
the application which may be necessary for making a determination under
this subsection. Within five days following his determination, the health
officer Gh411 mail to all intereste3 parties and place on file with the
city clerk a copy of his decision whi.ch sliall specify the reasons for
denying or granting the variance permit.
(c) Conditions. The health officer may grant a variance permit under such
conditioas as he may find are necessary to protect the public health,
safety, and welfare, including a schedule for achieving compliance with
noise and vibration limitations. Variances exceeding two years may be
grante3 only in exceptional cases, including those for cdnich, in the
opinion of the health officer, control technology is unavailable or avail-
able onl� at a prohibitive cost. Non-compliance with any conditions
imposed on the variance shall terminate the variance and subject the person
holding it to those provisions of this section for which the variance
permit was granted.
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(d) F.xtension and Modification. Application for extension of time limits or
modification of other conditions specified in the variance permit shall be
treated like applications for an initial variance, except that the health
Ofi'1Cer must find that tlie need for such extension or modification
clearly outweighs any adverse impacts of granting the extension or modifi—
cation.
(e) Appeals.
(1) Sdithin thirty days after any decisian of the health officer on a
permit application, any person aggrieved thereby may appeal from any
such decision to the common council. Appeals shall be taken by filing
with the health officer a notice of appeal specifying the grounds
therefor. On appeal the health officer shall forthwith transmit a11
papers relating to such appeal to the city clerk. The clerk shall
place the appeal before the common council at its next meeting. The
common council shall fix a reasonabLe time for �earing of same and
give puolic notice tnereof, as well as due notice to the parties
interested, and shall promptly decide the appeal.
(2) Any party to an appeal as well as any person who claims to be adversely
affected by allowance of the variance permit may appear at the hearing
of such appeal in person and may produce witnesses and be represented
by counsel. Tn addition, the common council may examine such other
persons as it may deem necessary for a fair and impartial hearing of
the appeal. The clerk shall swear all persons testifying before the
common council in regard to the appeal, and shali maintain a record of
all testimony and other evidence as may be presented.
(3) From the evidence before it, the common council, in con�ormity with
the provisions of this section, may reverse, affirm or modify the
decision of the health officer appealed from, and, to this end, may
direct the issuance of a permit.
(4) SJithin five days after any decision on an appeal, the clerb� shall
cause due notice thereof in writing to be mailed to all parties to the
appeal as well as any other persons who may have appeared therein at
their last known post office address. Such notice shall specify the
ground of the decision.
(f) Le&al Recour.se. Any appli.cant ag�rieve3 by the decision oi the cormnon
council or any person so aggrieved may seek such other legal relief as may
be available.
(11) Penalties.
Any person violating any provision.of this section or who sha11 fail, omit,
negtect or refuse to obey any order o£ the health officer issued in conformity
with this section, shall, upon conviction, forfeit not less than twenty ($20.00)
dollars nor more than two hundred ($200.00) dollars for each such violation,
together with the costs of prosecution, and in default oE payment thereof shall
be confined in the j2innebago County Jail for not more than sixty (60) days.
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F.ach day that any violation continues shall be considered a separate offense.
In addition to the penalties herein provided, appropriate legal or equitable
action may be commenced to enjoin any person from violating any of the pro-
visions of this section. -
(12) Severability.
If any provision, clause, sentence, paragraph, section or part of this ordi-
nance, or application thereof to any person, firm, corporation or circumstance
shall, for any reason, be a3judged by a court of competent jurisdiction to be
unconstitutional or invalid, said judgment s}iall not affect, i�pair or invali-
date the remainder of this ordinance and the application of such provision to
other persons, firms, corporations or circums[ances, but shall be confined in
its operation to :he provision, ctause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such jud�nent sha11 have
been rendered and to the person, firm, corporation or circumstance involved. It
i_s �zeieby ._^clzred to be ttte legislative intent or tt:e cei�mon ceuncil that tnis
ordinance would have been adopted had such invalid provision or provisions not
been include3.
SECTION 3. This ordinance shall be in fu11 force and effect from and after
its passage and datz of publication.
� - � -, .. .,., �
„
8[fBMITTED 8Y
jPPROYL�D
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MOTION � BE NR1DE BY �UNCILME6IBER KAmr-i7 F� p�pp y�� g��gp Tp ITF�1
NO. 2 ON THE AC�IDA OF gIE OSHK0.SH CONA'ION COUNCIL, PEKPAINING TO
NOISE CONTImL
I hereby iro�2 that the title "Health Conanissioner" in this Ordinance be
changed to "Health Officer" ; that Section 15.4 (7) (m) be rentmi�ered Section
15.4(7) (n); that Section 15.4(7) (� be created to read as follaas:
"Barking dogs, including keiu�ls, snall be re�ulat�d unc;ar Section 6.15 of
the Oshkosh NhuZicipal Code."; and that Section 15.4(3) (a) be a�nded by
substituting decibal levels £or residential and comrercial boundaries as
follaas:
Residential
�
69
67
62
54
47
41
36
32
30
50 dBA
�
72
71
65
57
51
45
39
34
32
55 dRP
�
72
71
66
60
54
49
44
40
37
58 dBA
Com;ercial
[�i
79
78
72
64
58
52
46
41
39
62 c�A
� i
March 20, 1980
PURPOSE:
/i2 ORDINANCE
ORDZN:INCE RECREATIPIC ARTICLE IV, CHAPTF.R 15 OF THE OSHKOSH
MUNICIPAL CODE PEK'PAINING TO F.XCESSIVE NOISE
IN7TIATED BY: COUNCIL M�:MfiER PROPP
A GEt7cRAL ORDINANCE OF THi CLTY OF OSiiKOS:I Rr^.C��.4TTNG ARTICLE IV AND CRFATING
ARTICLE V, CHAPTER 15 OF TfiS OSIiKOSIT Y.I;NICiPAL CODE FE!:TAZNING TO EXCESSZVE
NOISE.
The Common Council of the City o£ Oshkosh do crdain as
SECTION 1. Tha*_ Article ZV, Chapter 15 oc' the Oshko h
hereby recreated and furthermore shall ba .L-iown as Article
SECTION 2. That Article IV, Chapter 15 of. the 0'cosh
hereby created [o read as follo��s: �i �
15.4 E%CESSIVE NOISE
(1) Scope and �ni�rce:eent.
(a) This sec*_ion sha11 anply tu the contr
limits of the v. It is the policy
the noise li.itati s, as set �orth i
operations nd [he o etations vi,�its�
(b) It shall b'� the �duty �f the he�th
to admini�*er an enf rce Lhe n av
(Z) Deftn4.tin G_
As ii:;ed in thi sect
o a ise or.
t e^' y of Os
\hi section, i
c� c[ors an �u
E
ipal Code is
pter 15.
ipal Code is
gL�y�Cting wi±}�in the
'�.tsh to comply with
all of its oun
contractors.
sioeer or his designated age::t,
of t s section.
(a) '.1�Si.ent r_ ise" neans he al�e:�co assin� backgroand eoise associated aith
a�iven ena ron;�en[, b ing usual�, a co�aposite of sounds fram many sourc>s
:izar and iar.
(b) "A crei�ntrd soun __ el° �ne s the ;;ound p:essura level in decibles as
measi:re� un 3 sound level eter us.Lng the A-�weightfng network. The 1eve1
so rea�i is desi�cated id (A) or dT3A.
(c) "L':,_lnercini di.s*_rir_t" means any a-ea of the r_ity ciesignated on the o:ficial
Osh��.osh 'Loning �ian, pt�:�uant tn Chapter 30 or tt;is Code, as a Business
➢istr�ct o- i:emcercial Distric[ or a;� class+_fied as C-1, C-2, C-3, or C-4.
- 2 F� -
(d) "Day" means the hours between 7:00 a.m. and 10:00 p.m.
(e) "Decibel (dB)" means a staadard, uaiC of sour.d-nressure level, having a zero
reference of 0.0002 microbars.
(f) "Impulsive sound" means a sound of shorL d,�ration, usually less than one
second, with an abrept onset and rapid decay. Intervals between impacts
must be longer than 0.5 seconds.
(g) "Industrial district" means any area of the City designated on the official
Oshkosh Zoning Map, pursusnt to Chanter 30 of this Code, as a Light Industrial
Industrial, or Heavy Industrial District, or classified as M-1, M-2, or M-
3.
(h) "Night" means tt�e hours betwe:r 10:C0 p.r�, and 7:00 a.m.
(i) "Person" means ar.y i-zdividual, firnl or corporati_on.
(j) "PUre tone^ means a sound havir.g z sin�le pitch. I'or the purpose of this
section, a pure toae sha11 exi.s* iE the one-th±rd octave band sound pressure
level iu the band with the tone exceeds the arithcaetic average of the sound
pressure levels of the two contiguous one-third octa-ve bands by 15 dB hands
with center frequencies 7.ess than 160 tlz; hy 8 dS f�r bands with center
frequenr_ies of 150 Hz to 400 Hz; and by S dB for. bands with center frequencies
greater than 400 Hz,
(k) "Real property boua:;ary° means an imaeiazry 1�ne along the ground surface,
and its ��eriical e�Lension, which separates tne real property own�d by one
pezsoa from that ownecl i,y another person, but not including intra-building
real propnrt;� division.
(1) "Re..sident:tai dis[rict" ceans any area ci tiie Ctty desionated on the official
Oshkosh Zonin� m1p, pursuant to C'iapt�r 30 of ehis Code, as Single-Family,
Two-Eamily, or 2�;ultiple llwellinh Di�tricts, or R-lA, R-1B, R-Z, R-3, R-4,
or R-5.
(�a) "Sound level" �eans the wei�hted sound Qressure leve� oStained by the use
of a sound leve7. meter ar.d frequency sveighting net;✓or::, cuch as A, Ii, or C,
as specifieu in AmUrican National Star.dar3s Institute specifications for
sound level m.^[er.-; ln,�?�-� o' _;°" •l..e. � t r
.- _ .-F .. .1� G- _. Id"L:'oi 3�SJi'JJCL. Z-<LJ._�j.Gll
thereor). If the irequeney weidhting empl�yed is not ir.dicated, the A-
weighting shall anply.
(n) "Sound peessure" mean; the inatanCa..^.`-uus diiferer.ce hetween the artual
pressure and *_he avera�e or barometric pressure at a given point in space,
as prodv.ced by so�ind ener;;�.
(o) "Total octa-�e band sound pressure l�ve1^ rean: t�e ;ound pressure lev�1 of
the source of conc^rn plas the ambiert soand press::re I.evel.
(3) �oi�e L,zi�a.cions.
(a) Hoise Li:;-_�ations in 9a[io�is lise Districrs.
"" '1R .'
R'—: �
Octave Band Center
Frequency (Hertz)
31.5
63
125
250
500
1000
2000
4�00
8000
A—scale levels
*iaximum Sound Pcessure Levels
(dis) A1ong District Boundaries
Residential
69
67
62
54
47
41
36
32
30
50 dBA
Coramercial
72
71
66
60
54
49
44
40
37
58 dBA
T_a i.tfi�strial ;istric.�s, .._ no :;:;'�,r� w}i-�re ar.}- .��..,�, 'i:;trict bcuadary
adjoins a residential or co:�m_r.�-ial district, or at 125 ft, from the nearest
lut tine oT a plant �r opr..-a�ion lccate3 w-i.h�n an industrial district,
whichever distance is g:2ater, she.11 the so�.ind pressure level emitted from
any such plant or operation, or. Ch� coubic�ed operations of any person,
firm, or corporatiun, e?:ceed the noise limi.[ations (decibel levels) in the
desigrated octave bands set £ort:� a5ove for the var.iuu, use districts.
In co:eme�ciai and rzsiden±lal ciistz;_cts, any property use shali conform
with tile performari_e stundards :tated ai;o:e, ^to��ided that performance
standar�s shall. in evecy cas�� be apn?iec; �_. o, beyoed the boundaries of the
1ot on which s�ic'� use is estahlish:�d.
k°��en zn octave b3nd ecalysis .�_> not doee, an ;-weighted sour.d level neasuie-
ment of t'.le nu�i.se 5%:�.11 6°_ tal:ec.. W`.�en ?his r:i^h?:od is ��sed, the noise
limitati.ns si;all be *_he .'�-sca_le iev^ls in�luded in the Yab1e.
Noise 1i*ni�r=ti.ons sha11 be decreas�d 'oy fi.ve �?B if t.�e subject noise
cottsists prinarily of a pure tcne or iT 1*_ i.. ir.•:p�:1�ir� 'ii chacacter.
S�Ihen the total octave Laud souad p:�ssure i�v�l esce;�de th� noise source
limitations beca,ise o= hi�h a�biei.:. s�und :�e��F1s, :he foLluuii;g corr.ection
factors sha11 �e si:btract:d fro�a the total_ sound pressure 1_evel to determine
conplisnce- witli ihis s-��tien:
When the aorieat levei ciffers from
the noise source limitation by:
-10 3H or more
-4 to -g dP,
-2 cn -' d3
0 to -1 �i.",
�l ,ag
Ti�e correction factor
to be scibtracted is:
0
].
2
3
4
j`�iLP. C:'!' aC1C�c�:t� i�VF.l 1S ��3 rr '-�Ci�� <lt]�7'�.'� cv �IO:,SF' ?j.IDir3i{OII� 3 SC)UIC2
may add ,�o more thai� 2 dR �o the am�i.e�� ievel.
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(4) Noise Measurement Methods.
Noise measurements shall be Tade in compliance with generally accepted
practices and procedures. The health commissioner shall prepare and make
available upon request, a^Code of P.econmended Practices" for the measure-
ment of noise.
(5) Public Huisance.
bccessive noise as defined iiz this sect?on, is hereby deened and declared
to be a public nuLsance and :m3y be subject to summary abatement procedures,
as provided in Chapter 15 of this Code. Such abatement shall be in addition
to ad�inistrative proceedin�s, forfeir,�res, and penalties provided in this
section.
(6) Pr�hi.bi*_ed Act�.
(a) Noise. No person s?ial!. mane, �rouuce, �Ilo� ar cause to be produced any
noise w*iich exceeds thP tioise li�i�atioas as set forth in this section.
(7) Noise Pxemp*ion,.
The noise limitations as set fortt: in sub-section (3)(a) shall not apply to the
following•
(a) Non-con�ae:cial pi;biic sneaktng <n� ;,uS1ic _�s�mbly activities conducted on
any public. p�oner_y.
(b) Cons[ruc�ior. sites, public utiliti.r.s, and put>lic c;�rks projects and operations
during any day, fr:�-r. x`,�nday [hru Saturduy, iecii�si-ve; pro�i.:led, however,
that the sound level s*_ or across a real groperty boundary sha11 not exceed
86 dBA czithout rrior. written approval from the health commissior.er.
(c) Emer;enr_y s•`.iort tern: operatione which are nece.,sa:y to protect the public
health, safety and welfare of the citieen;;, in_ludi.ng emergency utility and
public works oper�tions.
(d) Any nolse e;u�tt�d From eiar_rgency s;arni.ng d�=vices and unregulated safety
relie� vatves,
(e) Loading or unloading operat�uns or other handling of boxe.s, crates, containers,
building materials, garbage caas, or si�iilar objects during any day.
(f) Stationary bell.s, ch2mes, sirens, wh_istlYS or similar devices, intended
primar�ly for emergency purposes, except indu,trial whistles; provided,
however,.the7t nu such device shatl be sounded more than five rsinutes in any
hour:y period, r.or a tot:al of 3C isirutes in an} twenty-four hour period.
(�) llomest_c noz,-:r,: toois, includino �np mecnanically powared saw, drlll, sander,
1zw-n or ,arden �ool, snocaSloaar, or :,ir�lar device used during an}• day.
_ �' il _..
(h) Industrial whistles, provided that the soundiag of any such whistle is to
give notice of the time to begin or stop worlc or as a crarning of fire,
danger, or upon request of proper city au[horities.
(1) The sounding of acy horn on a r.ailroad train or locomotive on a main line
railroad track, prorided that any sur_h soundin� is required by state law or
reasonably required to acoid an imoending accident.
�J)
( k)
Parades duly licensed pursuant to section 6.03 (5) of this code.
Aircraft operations.
(1) Noise created by human behavior and general.ly considered to be disorderly
conduct c.fi ich is rebul_ated under Section 1E-10 of this code.
(m; Plsces of c-ehlic Ente•rtai�s�eal.
No person shall operate, play or permit the operatior_ or playing of any radio,
television, phonograph, druT, r��isical instrument, sound amplifier, or similar
device or any mmb_�_r,a�ioa r_izereof, w!�ich nroduces, reproduces, or amplifies
sound in any nlace of puhlic entertalnnent at a sound l.evel greater than 100 dBA
as read by the sloia response on a so�.ad level meter at any point that is normally
occupied by a customer, unless a conspicuous and legible sign which is at least
225 square in:hes in area is placed ou*.side such place, near each public entrance,
stating: "WA.tNIrIG: S0�?ND LEV�I,S WITHIN riAY CAUSE PEP^SA*iENT H`r:ARING IMPAIRMENT."
(9) Motor Veiiicles.
(a) It shall be ur.taw�ut ior aay person to cause �ioise 1evels from the operation
of a light r.,otor v�ali:cle in excess of SO dIIA at any location within the
corporate lini[s of Oshko:;h. Measuremen*_s n!ay be sade at any distance
greater than or equal to 15 feEt fro:n the closest approach to the vehicle
at any suitaole site in accordance with proced�ires outlined in the code of
recomc�eneted prac�ices on file wit}t the City Clerk.
1. Any motorcycle.
P:aximum Noise Limits at 15 Feet
(IS Meter�) F'rom Vehicle in Use
Steed Limit
of 35 mph
or less
82 dBA
2. Anp oti:er c�otor vehicle, including
passenger auto;*cbil.es, or any r.ombina-
tion of ve}:icl.es toweu by such motor
vehicle. 80 dBA
Speed�LimiL
of more
than 35 mph
86 dBA
83 dBA
(b) i4otor vzh_cie, c.itl: a e�amifacturer`s gross vehicl.e weight ra*_ing of more
thar, lO,OQ�J pounds sha11 r.ut exceed $ i dEA, measured at 25 feeL, under
starioriary runun.
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(10) Variance Permits.
A variance permit for tune to comply with the noise or vibration limitations as
set forth in this section ���y be requested for aay commercial or industrial
source of noise or vibration in excess of any such limitations.
(a) Application. Application for a variance perrait under this subsection by
the commercial or indusirial activity conceree3 shall be made in writing to
the health commiesioner on a form prescribed by him. Such application
shall specify the grounds upon which the variance permit is sought and the
date by which the source of any excess noise or vibration for which the
variance is sought sha11 be brought into compliance with this section. An
application for a variance yermit sna�7. be cor.sidered timely made if filed
within thirty (30) days foilouing due notificatioa to a comnercial or
industrisl activity th�t ti is in v��:lation or this section. The proper
filin; of an applicati.on within s�irh time shail toll all penalties provided
in tcis section for any such vzolatioo. until a final decision has been
issued on *_he merits of such app�ication. 'Phe heatth com�issioner, within
ten (10) days of the receipt of a.i application for a variance permit, sha11
give puUlic noti.ce *_hereof.
(b) Pe�it. Within a reasonabie tim� fo7.lowin� receipt of an application for a
variance peneit and aE[ex public notice thereof has been given, the health
commissior.er shall grant such permi.t to an applicant if he shall find that
im�ediate compliance w-itit the noise or vibration 1i�aitations as set forth
in this section u��?1d result in ur.necessary hardship to the applicant. In
making 4is dete rn�in.-.ti.on, th� health comm�ssi_oner sha11 balance the hardship
to the applicant, [t'�e commut.ity, a. d ot!:er prrsons of not granting the
� variance, against the adverse impact or.t:�alth, safety, ar.d welfar2 of
persons affected, the adverse e�fect on property a.`fected, and any other
adverse impacts of granting the variance. �Liy person who claims to be
adve'rsely affected by the allowance of. the vari.ance perc�it ivay fiLe a
staten;ent with th°�healih com:�issioner containing infoimation to support
his claim. 't`he health commissior.e: msy require the ap�licant to submi[
infor.nation not contained in thc applicatioa whirn caay be necessary for
making a determii:ation under titis subsectio:i. ta'i.thin five days following
his determination, the heal:h comiai-s�ioner shall ;nai1 to al.l interested
pacties �nd place or. iiie witli [ca cit:- c1��?: �. co�y of hl.;: decision which
shall specify the rea�,oris for denying or. gran*_ing the variance permit.
(c) Conditions. The health commissioner �u�y grant a variance permit under such
conditions as he may fir.d are necessary to protect the public health,
safety, r_nd c,��lfare, including a schsduLe for achieving. compliance with
noise and vibraCion liriitations. Gariances e�:ceeding [cro years �^.ay be
gran*_ed only in excentional case�, including those for which, in the
opinion of tL� heaitn r_oram±ssio�ier, curtrol Ler_hnoing� is unavailablc or
availab?z oniy e*_ a prohi.hitLve �ost. Non-compl.iance with any conditions
imp^s�d nn the variaaca shall *erminzte tne variance and subject the person
hoLdi^y it to those provisions o� tiiis section for c.�liich the variance
permi� was graated.
(d) Extension and Modification. AF�plication for extension of t2me limits or
modification of other conditions specified in the variance permit sha11 be
treated like applications for an initial variance, except that the health
commissioner must find that the need for such extension or modification
clearly outweighs any adverse impacts of granting the extension or modification.
(e) Appeals.
(1) Flithin thirty days after any decision of the health commissioner on a
permit application, any person aogrieved thereby may appeal from any
su�h decision to the common cuuncil. Appeals shall be taken by filing
with the health commissioner a noticre of appeal specifying the grounds
therefor. On appeal the health com�issioner sha11 forthwith transmit
all papers relating to such appeal to the city clerk. The clerk shall
place ttie appeal 'nefore the conM.on couecil at i*_s next meeting. The
common counci7. s�a11 iix a reasonable time for hearing of same and
give pu6lic notice thereof, as w�ll as due notice to the parties
interested, and sha11 pro�ptly decide the appeal.
(2) �ny party to an appeal as we11 as any person w:�o claims to be adversely
affected by allowance of the variar.ce permit may appear at the hearing
of such appeal in person and may produce witnesses and be represented
by counsel. In additicn, the coccmon council may examine such other
pzrsor,s as it may deem necessary for a fair and impartial hearing of
the anpeal. T�e clerk st;all swear a11 persons testifying before the
comm�n council in regard to the appeal, and shall maintain a record of
all testimony and other ev3denc? as Tay be presented.
(3) From tne eridence Uefore it, the com�on council, in confornity with
the provzsions ot this s�ction, may reverse, affir!n or modify the
decislon o` the health conmissior.er appealed from, and, to this end,
'may dlrect tne issuance of a permit.
(4) Within five days after 2ny decision on an appeal, the cl.erk shall.
cause diie notice thereof-in writing to be mailed to a11 parties to the
appeal as well as any other pe_rsons wSo may have zppeared therein at
their last known post office address. Such eotice shall specify the
grcund of th° decis�nn.
(f) Legal fiecourse
council or any
be availaole.
(il) Penalties.
Any applicant aggrieve.d by the decision of the common
person so aggrieved may seek such other le�al relief as may
Any person violating any provision of this sectior. or who shall fail, omit,
neglect or refuse to obey any ord�r o£ the health commissioner issued in conformity
with this section, shall, upoe conviction, forfeit no[ less tnan tWenty ($Z0.00)
dollars nor more than two hundred ($200.00) dollars for eacn such violation,
together with the costs of prosecution, ar.d in default of paymen[ [hereof sha11
be confined in the �dinnebago County ,Tail for not more than sixty (60) days.
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Each day that any violatlon continues shall be coesidered a separate offettse.
In nddition to the penalties herein provided, appropriate legal or equitable
action may be commenced to eajoin any person from violating any of the provisions
of this section.
(12) Severability.
If any provision, clause, sentence, paragraph, section or part of this ordinance,
or application thereof to any person, firm, corporation or circumstance shall,
for any reason, be adjudged by a court oE competent jurisdiction to be unconstitutional
or invalld, said judgmznt sha1L not affect, impai: or invalidate the remainder
of �his ordinance and the applicatLon of such provision to other persons, firms,
cornorations or circumstances, but shal?. b� confinad in its operation to the
provision, clause, sentence, p�ragraph, section or par[ thereof directly Involved
in ';`e� con[rcve-sy ;n cahicr su:� j�_ed���enr .;':�al'_ h�ve b^_e;; .-eedeze3 aad •^_o .*.he
person, firm, corpora.tion or circumstaace inv�lved. It is hareby declared to be
the le.gislative inteat o� the common council that thi.s ordinance would have been
adopted had such invalid provision or provisioas not been included.
SECPIOPI 3. This ordinance sha11 be �.n full force and effect from and after
i[s passage and date oE publication.
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